On the agenda: Murphysboro Legislative and Public Safety Committee Meeting — Data Center (Sep 15)

Daniel
Presley, Chair

Legislative and Public Safety Committee Meeting
Tuesday, September 15, 2026 5:00 PM
Jackson County Sheriff's Office Conference Room

Tonya Knust
Kevin Lister
Faith Miller
Tamiko Mueller
Jan Phillips
Christine Snyder

Call to Order
Approval of Minutes
I.

2026-751

Approval of August 11,2026, Minutes

Ambulance Service
II.

2026-752

Approval of Payment of Ambulance Monthly Claims

III.

2026-753

Chief's Report

Animal Control
Heath Department & Solid Waste
IV.

2026-754

Jackson County Health Department

V.

2026-755

Solid Waste Enforcement

VI.

2026-756

Solid Waste Fund Update

VII.

2026-757

Recycling Program

Emergency Management
State's Attorney
VIII. 2026-758

State's Attorney Monthly Update

Legislative
Citizen Comments

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Legislative and Public Safety Committee Meeting
Tuesday, September 15, 2026 5:00 PM
Jackson County Sheriff's Office Conference Room
Old Business
IX.

2026-771

Update on Data Center Ordinance Draft

New Business
X.

2026-772

Discussion on Veterans Assistance Commission

XI.

2026-760

Consideration of a Solar, Wind, and Battery Storage Ordinance

Executive Session
XII.

2026-759

Executive Session Under the Illinois Open Meeting Act 2 (c) 1 to Discuss Personnel

Adjourn

Page 2 of 2
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Legislative and Public Safety Committee Meeting
Tuesday, August 11, 2026 5:00 PM
Jackson County Sheriff's Office Conference Room
Call to Order
(5:01 P.M.)
Present: Presley, Knust, Lister, Miller, Mueller, Phillips, Snyder
Also Present: David Lyon, Mark Kuhns, Kerri Gale, Peggy Wilken, Joni Bailey, Marsha CascioHale, Nel Battrell, Dan Bost

Approval of Minutes
I.

2026-652 Approval of July 14, 2026, Minutes

A motion was made by Snyder, seconded by Phillips, to approve the July 14, 2026, minutes

Communication
II.

2026-653 Mediacom Memo Update

Presley informed that committee that the county received a payment from Mediacom in the
amount of $1,171.50. A nickel is received for every person in the county that is signed up with
Mediacom.

Chair's Report
Chairman Presley spoke about requesting from the new chair after the upcoming election a
plan to get the board together for an off-site meeting to go over the use of and adherence to
bylaws and committee make-up. Presley asked Snyder to share her idea for a retreat for the
new board after the election. Snyder said that a retreat could allow the board to work together
more cohesively and help get everyone on the same page. A retreat would also provide an
opportunity for new board members to meet with department heads and learn more about how
each department operates. Mueller spoke in support of this and said that a board retreat
should happen annually. Knust then addressed for the record that, according to Robert's Rules
of Order, if the agenda is not approved, anything can be brought up in new business and can
be voted on. A discussion between Chairman Presely, Assistant State's Attorney Bailey, and
board member Knust was had concerning Robert's Rules of Order.

Ambulance Service
III.

2026-654 Approval of Payment of Ambulance Monthly Claims

A motion was made by Mueller, seconded by Miller, to approve the payment of ambulance
monthly claims in the amount of $64,645.67. The motion was carried by the following roll call
vote; YES (7) Presley, Knust, Lister, Miller, Mueller, Phillips, Snyder NO (0)
IV.

2026-655 Chief's Report

Page 3 of 26

Chief Kuhns updated the committee on revenue, monthly claims, and activity report. He also
stated they are still doing CPR trainings and had 24 students successfully complete the class.
Chief Kuhns also welcomed the board to reach out to him with any questions or concerns.

Animal Control
V.

2026-656 Animal Control Monthly Update

Lyon updated the committee on the intake of animals in the month of July and that they were
able to expand the rescue network, allowing more dogs to be sent to shelters. Lyon answered
various questions from the committee.

Heath Department & Solid Waste
VI.

2026-657 Jackson County Health Department

Gale updated the committee on the Cyclospora outbreak in the county but stated no known
cases in Jackson County. Gale also stated that there will be a flu clinic held at the Jackson
County Sheriff's office on October 14th from 7:30 A.M. to 9:30 A.M. Shred and Med Day will be
held on Sept. 26th and will also provide an opportunity for residents to get a flu shot.
VII.

2026-658 Solid Waste Enforcement

Gale updated the committee on the Sharps Kiosks and stated that it has been a very
successful program. Gale answered various questions from the committee.
VIII. 2026-660 Solid Waste Fund Update
IX.

2026-661 Recycling Program

Emergency Management
X.

2026-662 Jackson County/ Carbondale Tornado Exercise Update

Chariman Presley updated the committee on a full scale June 9th, 2026 Jackson County/
Carbondale tornado exercise. Emergency Management Director Orval Rowe provided the
response and after-action report for the committee to review.

State's Attorney
XI.

2026-663 State's Attorney Monthly Update

Assistant State's Attorney Bailey gave an update on a mutual aide agreement, dilapidated
building ordinance, working with animal control, and the new tax law.

Legislative

Citizen Comments

Page 4 of 26

Old Business
The committee discussed why the discussion of by-laws was not listed on the agenda. The
consensus of the committee was to discuss the by-laws but not to take any votes. Discussion
of by-laws continued for an hour.
XII.

2026-665 Letter to Water Districts

Presley drafted a letter to the water districts and also to our state legislature. The letter
requests water districts to let the county know if they are taking the privatization of water under
consideration.

New Business
XIII. 2026-664 Discussion on Data Center Ordinance Next Steps
This item was discussed in the Executive Session.

Executive Session
A motion was made by Lister, seconded by Mueller, to go into Executive Session.

Adjourn
(7:56 P.M.)
At this time, the Legislative Committee chose to recess and not to adjourn.
[MIN_SIGNATURES]

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September 2026
Jackson County Health Department
Legislative and Safety Report-pg. 1 of 1
Meeting September 15, 2026
•

•

•

•

•

Cyclosporiasis (Cyclospora) 7/2026 18,445 as 8/31/26 and over 1,600 cases in IL
1. CDC about cyclospora https://www.cdc.gov/cyclosporiasis/about/index.html
2. Cyclospora overview
https://dph.illinois.gov/content/dam/soi/en/web/idph/publications/idph/topics-andservices/diseases-and-conditions/cyclospora/Cyclospora-Overview-and-Prevention.pdf
3. CDC Surveillance of Cyclosporiasis
https://www.cdc.gov/cyclosporiasis/php/surveillance/index.html
Measles cases as of September 4, 2026: 2,260, 38 outbreaks, 95% of cases are outbreak
associated, 94% unvaccinated, 8% of cases hosp., 0 death.
11 cases in Illinois, exposure alert until 9/18/26.
1. https://www.cdc.gov/measles/data-research/index.html
2. IDPH Real-Time measles update for Illinois and exposure locations
https://dph.illinois.gov/topics-services/diseases-and-conditions/measles.html
Seasonal Respiratory Illness level for Illinois is very low and increasing for RSV and FLU, low and
increasing Covid-19.
1. https://www.cdc.gov/respiratory-viruses/data/index.html
2. https://dph.illinois.gov/topics-services/diseases-and-conditions/respiratorydisease/surveillance/respiratory-disease-report.html
M-Pox in the United States and Around the World: Current Situation (low)
1. There are two types clade I and clade II-spread and treated the same ways.
2. Monkeypox https://www.cdc.gov/monkeypox/index.html
3. Current: https://www.cdc.gov/monkeypox/situation-summary/index.html
2026 Ebola (low) No cases at this time in the U.S.
1. Ebola Disease: Current Situation | Ebola | CDC
2. Ebola Bundibugyo Virus Disease in the Democratic Republic of the Congo - Level 2 Practice Enhanced Precautions - Travel Health Notices | Travelers' Health | CDC

Update for respiratory season and vaccination clinic will be provided at the meeting.

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ILGA.GOV
(330 ILCS 45/) Military Veterans Assistance Act.
Illinois Compiled Statutes (ILCS)
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If
the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been
removed from the database and you should refer to that Public Act to see the changes made to the current law.

(330 ILCS 45/0.01) (from Ch. 23, par. 3080)
Sec. 0.01. Short title. This Act may be cited as
the Military Veterans Assistance Act.
(Source: P.A. 86-1324; 87-796.)
(330 ILCS 45/1) (from Ch. 23, par. 3081)
Sec. 1. Definitions. As used in this Act:
"Veteran service organization" means a post,
ship,
camp,
chapter,
or
detachment
of
a
congressionally
chartered
or
state
chartered
organization that (i) is formed by and for veterans,
(ii) has a paid membership of at least 15
individuals, and (iii) provides responsible aid,
assistance, or services to the veteran community.
"Administrator of military veterans assistance"
means the commanders of the various veteran service
organizations, the superintendent of a County
Veterans Assistance Commission, or other persons
whose duty it is, under the existing statutes, to
care for, relieve or maintain, wholly or in part,
any person who may be entitled to such assistance
under the statutes of the State of Illinois. This
Act shall not infringe upon the mandated powers and
authorities vested in the Illinois Department of
Veterans Affairs.
(Source: P.A. 104-234, eff. 8-15-25.)
(330 ILCS 45/2) (from Ch. 23, par. 3082)
Sec. 2. The purpose of this Act is, in part, to
provide, in accordance with this Section, just and
necessary assistance and services to military
veterans who served in the Armed Forces of the
United States and whose last discharge from the
service was honorable or general under honorable
conditions, to their families, and to the families
of deceased veterans with service who need such
assistance and services. The following actions shall
be taken in support of that purpose:
(1) The supervisor of general assistance or
the
county board shall provide such sums of money as
may be just and necessary to be drawn by the
commander, quartermaster or commandant of any
veterans service organization, in the city or
town, or the superintendent of any Veterans'
Assistance Commission of the county, upon the
recommendation of the assistance committee of
that veterans service organization or Veterans'
Assistance Commission.
(A) Funding for Veterans Assistance
Commissions
may
be
derived
from
3
sources,
if
applicable:
(i) a tax levied under Section 5-2006
of the
Counties Code and Section 12-21.13 of
the Illinois Public Aid Code;
Page 11 of 26

(ii) funds from the county general
corporate
fund; and
(iii) State funds from the Department
of
Human Services.
(B) The minimum amount to be provided
annually to
Veterans Assistance Commissions is provided
in Section 12-21.13 of the Illinois Public
Aid Code, unless the delegates of the County
Veterans Assistance Commission determine
that a lesser amount covers the just and
necessary sums.
(2) If any supervisor of general assistance
or
county board fails or refuses after such
recommendation to provide just and necessary
sums of money for such assistance, then the
veteran
service
organization
or
the
superintendent
of
any
Veterans'
Assistance
Commission located in the district of such
supervisor of general assistance or such county
board shall apply to the circuit court of the
district or county for relief by mandamus upon
the supervisor of general assistance or county
board requiring him, her or it to pay, or to
appropriate and pay such sums of money, and upon
proof made of the justice and necessity of the
claim, the circuit court shall grant the sums so
requested.
(3) Such sums of money shall be drawn in the
manner
now provided under Section 5-2006 of the
Counties Code and Section 12-21.13 of the
Illinois Public Aid Code. Orders of commanders,
quartermasters, commandants, or superintendents
of those veterans service organizations or those
Veterans' Assistance Commissions shall be proper
warrants for the expenditure of such sums of
money.
(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff.
2-10-23.)
(330 ILCS 45/3) (from Ch. 23, par. 3083)
Sec. 3. In case there is no veteran service
organization, in any town in which it is necessary
that such assistance as provided in Section 2 should
be granted, the administrator of military veterans
assistance shall accept and pay the orders drawn, as
hereinbefore
provided
by
the
commander,
quartermaster or commandant of any veteran service
organization,
upon
the
recommendation
of
an
assistance committee, who shall be residents of the
said town in which the assistance may be furnished.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/4) (from Ch. 23, par. 3084)
Sec. 4. Upon the taking effect of this Act, the
commander of any veteran service organization or any
properly created Veterans Assistance Commission,
which shall undertake the assistance of military
veterans
and
their
families,
as
hereinbefore
provided,
before
the
acts
of
the
commander,
quartermaster, or commandant shall be operative in
any city or town, shall file with the city clerk of
such
city
or
town
clerk
of
such
town,
or
administrator of military veterans assistance of
such town or county, a notice that said veteran
service
organization
or
Veterans
Assistance
Commission intends to undertake such assistance as
is provided by this Act, and such notice shall
contain the names of the assistance committee of the
veteran service organization or Veterans Assistance
Commission in such city or town, and the commander
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and
other
officers
of
said
veteran
service
organization or Veterans Assistance Commission. And
the commander of the veteran service organization or
Veterans
Assistance
Commission
shall
annually
thereafter, during the month of October, file a
similar notice with the city or town clerk, or the
administrator of military veterans assistance, also
a detailed statement of the amount of assistance
furnished during the preceding year, with the names
of all persons to whom such assistance shall have
been furnished, together with a brief statement in
such case from the assistance committee upon whose
recommendation the orders were drawn. Any person who
fails or neglects so to do at the time required by
this Act shall be guilty of a petty offense and
fined $250 to be recovered in the name of the county
in the circuit court.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/5) (from Ch. 23, par. 3085)
Sec. 5. The auditing board of any city or town
or county auditor, or the administrator of military
veterans assistance of any city, town, or county,
may require of the commander, quartermaster, or
commandant of any veteran service organization, or
superintendent of any properly organized Veterans
Assistance Commission, undertaking such assistance
in any city or town, a bond with sufficient and
satisfactory sureties for the faithful and honest
discharge of their duties under this Act.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/6) (from Ch. 23, par. 3086)
Sec. 6. Military veterans with families and the
families of deceased veterans, shall, whenever
practicable, be provided for and assisted at their
homes in such city or town in which they shall have
a residence, in the manner provided in Sections 2
and 3 of this Act.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/7) (from Ch. 23, par. 3087)
Sec. 7. In case there shall be within the limits
of any city or town more than one veteran service
organization, it shall be the duty of the commander,
quartermaster, or commandant of each veteran service
organization within such limits, to send to the
commander, quartermaster, or commandant of every
other veteran service organization, as the case may
be, within said limits, on the first day of each
month, a written list of the names of all persons to
whom
assistance
has
been
granted
during
the
preceding month, under the provisions of this Act.
(Source: P.A. 102-732, eff. 1-1-23.)
(330 ILCS 45/8) (from Ch. 23, par. 3088)
Sec. 8. The commander, quartermaster, or
commandant of any veteran service organization or
the
superintendent
of
any
county
Veterans'
Assistance Commission of Illinois shall annually
report to the Governor, on or before the first day
of January of each year, such portions of the
transactions of the aforementioned veteran service
organization
or
Veterans
Assistance
Commission
relating thereto as the commander or superintendent
may deem to be of interest to that organization and
the people of the State. A copy of that report shall
be provided to the president or chairperson of the
county board and shall be made publicly available
online.
(Source: P.A. 102-732, eff. 1-1-23; 102-1132, eff.
2-10-23.)

Page 13 of 26

(330 ILCS 45/9) (from Ch. 23, par. 3089)
Sec. 9. Veterans Assistance Commission.
(a) In counties having 2 or more veteran service
organizations as may be recognized by law, the
veteran service organizations may come together to
form a Veterans Assistance Commission of such
county. The Veterans Assistance Commission of such
county may act as the central service office for all
veterans and their families and for the families of
deceased veterans. The Commission shall be composed
of delegates and alternates from a majority of such
veteran service organizations selected annually as
determined by each veteran service organization.
When so organized a Commission shall be clothed with
all the powers and may be charged with all the
duties theretofore devolving upon the different
veteran service organizations within the county as
provided in Section 2.
(1) Every January 1, all Veterans Assistance
Commissions shall publish a notice to each
veteran
service
organization
within
their
respective county calling on them to select
delegates and alternates for that county's
Veterans Assistance Commission by the methods
provided in this subsection. The Veterans
Assistance Commissions shall allow each veteran
service organization until March 1 to respond,
at which time those selected and duly appointed
delegates and alternates shall begin their term
of
office
with
full
voting
rights.
Once
selected, delegates and alternates are bound by
the Public Officer Prohibited Activities Act.
(2) Except as provided in paragraph (3),
veteran
service organizations shall be permitted to
select one delegate and one alternate.
(3) In counties with 5 or more of the same
veteran
service
organizations,
all
the
constituent
veteran service organizations shall be permitted
to select up to 5 delegates and 5 alternates to
represent that veteran service organization
instead of each constituent veteran service
organization selecting one delegate and one
alternate. For the purposes of meeting the
majority requirement of this subsection, when
the constituent groups of a veteran service
organization choose to select those delegates
and
alternates,
those
selected
and
duly
appointed
delegates
and
alternates
shall
represent the aggregate percentage of the
constituent groups.
(4) If a veteran service organization serves
more
than one county, then it shall be permitted to
select one delegate and one alternate for the
Veterans Assistance Commission in each county in
which at least 25% of its members reside.
(5) All undertakings of, or actions taken
by, the
Commission shall require a vote from a majority
of the full commission membership. No committee
or other subgroup of delegates and alternates
formed by the Commission, whether selected or
appointed, may be granted the power or authority
to act in the place of or on behalf of the full
body
of
the
duly
selected
or
appointed
Commission membership.
(6) No superintendent or any other employee
of the
Veterans Assistance Commission may retain the
position of delegate or alternate or any voting
rights while employed by the Veterans Assistance
Commission.
(7) No committee or other subgroup of
delegates
Page 14 of 26

and alternates formed by the Commission, whether
selected or appointed, may bar any other duly
appointed Commission member from attending or
otherwise being present during any closed
meetings or sessions of that committee or group.
(8) The county may, at its discretion,
appoint a
representative to the Commission who may attend
any public meeting of the Commission. That
representative shall be a veteran, may not have
voting rights, may not hold any office or title
on the Commission, and may not be present during
any nonpublic meeting of the Commission, except
as authorized in this Act. For matters of
executive
session,
the
non-voting
county
appointee may attend meetings that are closed in
accordance with paragraphs (1), (3), (5), (6),
or (11) of subsection (c) of Section 2 of the
Open Meetings Act for litigation matters not
relating to litigation between the Commission
and the County.
(b) The Commission and its selected or appointed
superintendent
shall
have
oversight
of
the
distribution of all moneys and supplies appropriated
for the benefit of military veterans and their
families, subject to such rules, regulations,
administrative procedures or audit reviews as are
required by this Act and as are necessary as
approved by the Commission to carry out the spirit
and intent of this Act. No warrant authorized under
this Act may be issued for the payment of money
without the presentation of an itemized statement or
claim, approved by the superintendent of the
Commission.
(c) The superintendent of the Veterans
Assistance Commission, selected, appointed, or hired
by the Commission is an at-will employee who shall
be answerable to, and shall report to, the
Commission.
(d) The superintendent shall be evaluated
annually and a written report shall be generated. A
copy of the report from the evaluation shall be
provided to the entire Commission membership.
(e) A superintendent may be removed from office
if, after delegates from no less than 3 different
veteran service organizations file a written request
calling for the superintendent's removal, there is a
vote from a majority of the full Commission
membership in favor of such removal.
(f) Each Veterans Assistance Commission shall
establish and maintain bylaws that outline the
framework, policies, and procedures for conducting
the business of the Commission and for the rules and
regulations that apply to its members. Those bylaws
shall reflect compliance with all relevant laws at
the time they are established and shall be revised
as necessary to remain in compliance with current
law. The establishment of those bylaws, and any
revisions thereafter, shall require a minimum twothirds majority vote of approval from a majority of
the full Commission membership.
(g) Each Veterans Assistance Commission shall,
in writing, adopt all applicable policies already
established and in place in its respective county,
including, but not limited to, policies related to
compensation, employee rights, ethics, procurement,
and budget, and shall adapt those policies to fit
its organizational structure. Those policies shall
then be considered the policies of the Veterans
Assistance Commission and they shall be implemented
and adhered to, accordingly, by the superintendent
and by the Commission. The Commission shall amend
its adopted policies whenever a county board amends
an applicable policy within 60 days of the county
board amendment.
(h) No warrant authorized under this Act may be
issued for the payment of money without the

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presentation of an itemized statement or claim,
approved by the superintendent of the Commission and
reported to the full Commission membership.
(i) Each Veterans Assistance Commission shall
perform an annual audit in accordance with the
Governmental Account Audit Act using either the
auditing services provided by its respective county
or the services of an independent auditor whose
services shall be paid for by the Commission. A copy
of that audit report shall be provided to the
president or chairperson of the county board.
(j) Veterans Assistance Commissions and county
boards subject to this Act shall cooperate fully
with the boards, commissions, agencies, departments,
and institutions of the State. The funds held and
made available by the county, the State, or any
other source shall be subject to financial and
compliance audits in accordance with the Illinois
State Auditing Act.
(k) The Veterans Assistance Commission shall be
in charge of the administration of any benefits
provided under Articles VI and IX of the Illinois
Public Aid Code for military veterans and their
families.
(l) The Veterans Assistance Commission shall
represent veterans in their application for or
attempts to obtain benefits and services through
State and federal agencies, including representing
veterans in their appeals of adverse decisions.
(m) The superintendent of the Veterans
Assistance Commission and its employees must comply
with the procedures and regulations adopted by the
Veterans Assistance Commission and the regulations
of the Department of Human Services.
(n) To further the intent of this Act of
assisting military veterans, this Act is to be
construed so that the Veterans Assistance Commission
shall provide needed services to eligible veterans.
(Source: P.A. 102-484, eff. 8-20-21; 102-732, eff.
1-1-23; 102-1132, eff. 2-10-23.)
(330 ILCS 45/9.1)
Sec. 9.1. Violations.
(a) If the Attorney General has reasonable cause
to believe that there is or has been a violation of
Section 8 or 9 or subsection (a), (b), or (c) of
Section 10, then the Attorney General may commence a
civil action in the name of the People of the State
to enforce the provisions of this Act in any
appropriate circuit court. The court, in its
discretion, may exercise all powers necessary,
including, but not limited to: injunction; mandamus;
revocation; forfeiture or suspension of any funding,
rights, privileges, responsibilities, or support, as
deemed necessary to ensure compliance; and any other
action the court may deem appropriate.
(b) Prior to initiating a civil action, the
Attorney
General
shall
conduct
a
preliminary
investigation
to
determine
whether
there
is
reasonable cause to believe that a violation is
being or has been committed and whether the dispute
can be resolved without litigation. In conducting
this investigation, the Attorney General may:
(1) require the individual, group, or entity
to
file a statement or report in writing under oath
or otherwise, as to all information the Attorney
General may consider necessary;
(2) examine under oath any person alleged to
have
participated in or with knowledge of the alleged
violation;
(3) issue subpoenas or conduct hearings in
aid of
any investigation; or
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(4) examine any record, book, document,
account, or
paper as the Attorney General may consider
necessary.
(c) Service by the Attorney General of any
notice requiring a person to file a statement or
report, or of a subpoena upon any person, shall be
made:
(1) personally by delivery of a duly
executed copy
thereof to the person to be served or, if a
person is not a natural person, in the manner
provided by the Code of Civil Procedure when a
complaint is filed; or
(2) by mailing by certified mail a duly
executed
copy thereof to the person to be served at the
person's last known abode or principal place of
business within this State.
(d) Whenever any person fails to comply with any
subpoena issued under this Section or whenever
satisfactory copying or reproduction of any material
requested in an investigation cannot be done and the
person refuses to surrender the material, the
Attorney General may file in any appropriate circuit
court, and serve upon the person, a petition for a
court order for the enforcement of the subpoena or
other request.
Any person who has received a subpoena issued
under subsection (b) may file in the appropriate
circuit court, and serve upon the Attorney General,
a petition for a court order to modify or set aside
the subpoena or other request. The petition must be
filed either: (1) within 20 days after the date of
service of the subpoena or at any time before the
return date specified in the subpoena, whichever
date is earlier, or (2) within a longer period as
may be prescribed in writing by the Attorney
General.
The petition shall specify each ground upon
which the petitioner relies in seeking relief under
this subsection and may be based upon any failure of
the subpoena to comply with the provisions of this
Section or upon any constitutional or other legal
right or privilege of the petitioner. During the
pendency of the petition in the court, the court may
stay, as it deems proper, the running of the time
allowed for compliance with the subpoena or other
request, in whole or in part, except that the
petitioner shall comply with any portion of the
subpoena or other request not sought to be modified
or set aside.
(e) In the administration of this Act, the
Attorney
General
may
accept
an
Assurance
of
Voluntary Compliance with respect to any violation
of the Act from any person or entity who has engaged
in, is engaging in, or was about to engage in such
violation. Evidence of a violation of an Assurance
of Voluntary Compliance shall be prima facie
evidence of a violation of this Act in any
subsequent proceeding brought by the Attorney
General against the alleged violator.
(Source: P.A. 102-1132, eff. 2-10-23.)
(330 ILCS 45/9.2)
Sec. 9.2. Remedies.
(a) Whenever the Attorney General has reason to
believe that any person, group, or entity is
violating, has violated, or is about to violate
Section 8 or 9 or subsection (a), (b), or (c) of
Section 10, the Attorney General may bring an action
in the name of the People of the State against the
person, group, or entity to restrain by preliminary
or permanent injunction the use of any practice that
violates Section 8 or 9 or subsection (a), (b), or
(c) of Section 10. In such an action, the court may
Page 17 of 26

award restitution to recoup the loss of moneys set
aside to provide services to veterans or any other
relief that the court deems proper.
(b) In addition, the court may assess a civil
penalty not to exceed $5,000 for each violation of
Section 8 or 9 or subsection (a), (b), or (c) of
Section 10.
(c) In any action brought under the provisions
of Section 8 or 9 or subsection (a), (b), or (c) of
Section 10, the Attorney General is entitled to
recover costs.
(d) If a court orders a party to make payments
to the Attorney General and the payments are to be
used for the operations of the Office of the
Attorney General or a party agrees, in an out-ofcourt settlement, to make payment to the Attorney
General for the operations of the Office of the
Attorney General, then moneys shall be deposited
into
the
Attorney
General
Court
Ordered
and
Voluntary Compliance Payment Projects Fund. Moneys
in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to
the exercise of the duties of the Attorney General,
including, but not limited to, enforcement of any
law of this State and conducting public education
programs. However, any moneys in the Fund that are
required by the court or by an agreement to be used
for a particular purpose shall be used for that
purpose.
(Source: P.A. 102-1132, eff. 2-10-23.)
(330 ILCS 45/10) (from Ch. 23, par. 3090)
Sec. 10. Superintendents and counties.
(a) The executive powers of the Commission shall
be vested in a superintendent selected or appointed
by a vote from a majority of the full Commission
membership and who shall have received an honorable
discharge from the armed forces of the United
States.
(b) Superintendent vacancies shall be filled,
whether long-term or temporarily, at the next
regularly scheduled full Commission meeting or
within 30 days at a specially convened meeting,
whichever comes sooner, and shall be selected by a
vote from a majority of the full Commission
membership.
(c) Any individual who may be tasked with
assuming the duties of or may be vested with the
executive powers of a superintendent, whether as
acting or interim superintendent, must be selected
or appointed by a vote from a majority of the full
Commission membership and must have received an
honorable discharge from the armed forces of the
United States.
(d) The designated superintendent of the
Veterans Assistance Commission of the county shall,
under the direction of the Commission, have charge
of and maintain an office in the county building or
a central location within the county, to be used
solely by the Commission for providing the just,
necessary, and needed services mandated by law.
(e) The county shall provide for the funding of
the office and provide all necessary furnishings,
supplies, and services as passed by the county board
in its annual appropriation, and the county shall
provide or fund services, including, but not limited
to, human resources and payroll support; information
technology
services
and
equipment;
telephone
services and equipment; printing services and
equipment; postage costs; and liability insurance.
Any litigation or legal settlement that has a
financial impact to the county is subject to the
approval of the county board.
(f) The county shall also provide to the
employees of the Commission all benefits available
to county employees, including, but not limited to,
Page 18 of 26

benefits offered through the Illinois Municipal
Retirement Fund or any other applicable county
retirement fund; health, life, and dental insurance;
and
workers
compensation
insurance.
Employer
contributions
and
costs
for
these
benefits,
services, and coverages may come from Commission
funds. Counties not currently providing benefits to
Commission
employees
must
comply
with
this
subsection within 90 days after the effective date
of this amendatory Act of the 102nd General
Assembly.
(g) The county board shall, in any county where
a Veterans Assistance Commission is organized, in
addition to sums appropriated for these just,
necessary, and needed services as provided by law
and approved by the Commission under this Act,
appropriate
such
additional
sums,
upon
recommendation
of
the
Veterans
Assistance
Commission, to properly compensate, in accordance
with the requirements of subsection (g) of Section 9
and subsection (e) of this Section, the officers and
employees required to administer such assistance.
The county board shall also provide funds to the
Commission
to
reimburse
the
superintendent,
officers, delegates and employees for certain
expenses which are approved by the Commission. The
superintendent
and
other
employees
shall
be
employees of the Veterans Assistance Commission, and
no provision in this Section or elsewhere in this
Act shall be construed to mean that they are
employees of the county.
(h) Superintendents, subject to rules formulated
by the Commission, shall select, as far as possible,
Veteran Service Officers and other employees from
among military veterans, including those who have
served or may still be serving as members of the
Illinois National Guard or a reserve component of
the armed forces of the United States, who did not
receive a bad conduct or dishonorable discharge or
other
equivalent
discharge
thereof,
or
their
spouses, surviving spouses, or children. Employees
of the Commission shall be at-will employees.
(i) In a county with less than 2,000,000
inhabitants, the superintendent may, in conformance
with subsection (f) of Section 3-9005 of the
Counties Code, request from the State's Attorney
serving the county in which the Veterans Assistance
Commission is located, an opinion upon any question
of law relating to a matter in which the county
Veterans Assistance Commission may be concerned.
With regard to matters involving Section 8 or 9 or
subsection (a), (b), or (c) of Section 10, the
State's Attorney shall confer with the Office of the
Attorney General before rendering an opinion.
(j) Superintendents of all counties subject to
this Act, when required by the Commission, shall
give bond in the sum of $2,000 for the faithful
performance of their duties.
(k) All persons selected or appointed to fill
positions provided for in this Section shall be
exempt from the operation and provisions of any
civil service act or laws of this State, and the
secretary of the Commission shall be appointed by
the superintendent.
(Source: P.A. 102-56, eff. 7-9-21; 102-732, eff. 11-23; 102-1132, eff. 2-10-23.)
(330 ILCS 45/11) (from Ch. 23, par. 3091)
Sec. 11. (Repealed).
(Source: P.A. 87-796. Repealed by P.A. 102-732, eff.
1-1-23.)
(330 ILCS 45/12)
Sec. 12. Home rule. A home rule unit may not
operate, act, or fail to act in a manner that is
Page 19 of 26

inconsistent with the provisions of this Act. This
Section is a limitation under subsection (i) of
Section
6
of
Article
VII
of
the
Illinois
Constitution on the concurrent exercise by home rule
units of powers and functions exercised by the
State.
(Source: P.A. 102-1132, eff. 2-10-23.)

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APPELLATE COURT SPLIT REGARDING SPECIAL USE PERMITS RELATED TO
COMMERCIAL SOLAR ENERGY FACILITIES
INTRODUCTION
The Third and Fourt Districts of the Illinois Appellate court have recently reached opposite
conclusions on an important question: how much discretion counties have under Section 5-12020 of the
Counties Code1 (“Section 5-12020”) when deciding whether to approve applications for commercial solar
energy facility (“CSEF”) special use permits.
In Equity Solar Illinois v. County of Grundy2, filed on March 10, 2026, the Third District held that
once an applicant satisfies the statutory requirements, the county generally must approve the application
and may not deny it based on factors outside the statute. That court held that because there is no discretion
left on the part of the county once the statutory requirements are left, a party who is denied a special use
permit for reasons outside the scope of Section 5-12020 may properly bring a mandamus action to compel
the issuance of a special use permit. However, in Tate Road Solar 1, LLC v. County of Winnebago3, filed
on June 2, 2026, the Fourth District held that counties retain broader discretion to adopt and apply
additional approval criteria outside the scope of Section 5-12020, making mandamus relief unavailable.
The conflicting opinions have created a split between two of the appellate districts which will
remain until the Supreme Court of Illinois resolves the issue or the General Assembly addresses the issue
legislatively. The purpose of this memorandum is to explain the nature of the conflicting decisions and
discuss the practical implications of the district split.
CASE DISCUSSION
The split centers on whether counties have any discretion to consider factors outside of Section 512020 and the appropriateness of mandamus as a remedy when counties deny solar facility permits that
meet the statutory requirements in Section 5-12020.
Mandamus is a Latin term meaning “we command” that refers to an order issued by a court
requiring a lower court or governmental entity to properly carry out a nondiscretionary ministerial
function.4
1 55 ILCS 5/5-12020
2 2026 IL App (3d) 250289
3 2026 IL App (4th) 250873
4 Mandamus, Practical Law Glossary Item 6-507-0674

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Under Illinois law, a mandamus action is an extraordinary civil remedy used to compel a public
officer or body to perform nondiscretionary, official ministerial duties where no exercise of discretion is
involved.5 A writ of mandamus will be awarded only if a plaintiff establishes a clear right to relief, a clear
duty of the public official to act, and a clear authority in the public official to comply with the writ.6
Mandamus is an extraordinary remedy available only when the mandated act is purely ministerial and
involves no discretion whatsoever.7
Simply put, a mandamus action by a court is available only in exceptional cases where someone
had a clear and indisputable right to relief and no other adequate way to obtain it. Fundamentally, whether
mandamus was appropriate is the core issue involved in the district split.
Equity Solar Illinois v. County of Grundy8
This case involved a legal dispute between solar companies and Grundy County regarding the
denial of special use permits for constructing CSEFs in unincorporated areas of the county.
In January of 2023, the legislature amended the Counties Code to implement a series of
requirements for siting CSEFs.9 These amendments authorized counties to issue rules regarding solar
farms, just not more restrictive rules than the legislature had already written.10 Under the 2023 amendment
to Section 5-12020, counties may regulate the siting of commercial solar energy facilities only within the
limits established by the statute, and a compliant special use permit application “shall be approved.”11 In
May 2023, Grundy County amended the Grundy County Code by adopting an amendment (Ordinance
No. 2023-005) incorporating the requirements of Section 5-12020.12 Under the amended Code, CSEFs
remained special uses requiring county approval, and applicants were required to submit the materials
specified by the ordinance and § 5-12020. 13
In September 2023, the plaintiffs, USS Middle Solar, LLC, and USS Saratoga Solar, LLC,
submitted applications for special use permits to construct two CSEFs.14 Under amended Grundy County
Code section 8-2-5-30, CSEFs are not permitted uses as of right and require approval by the Grundy
County Board following public hearings before the Grundy County Zoning Board of Appeals and the
Land Use Committee.15 After the board unanimously voted to deny the special use permits, the plaintiffs
filed a mandamus action against Grundy County alleging the denial was contrary to the Counties Code,
and that pursuant to Section 5-12020 Grundy County lacked discretion to deny applications based on

5 People ex rel. Senko v. Meersman, 2012 IL 114163
6 Cordrey v. Prisoner Review Bd., 2014 IL 117155
7 Oliver v. Kuriakos-Ciesil, 2020 IL App (4th) 190250, ¶ 22
8 Equity Solar Ill. v. County of Grundy, 2026 IL App (3d) 250289
9 Id. at ¶ 3
10 Id.
11 Id. at ¶ 15 citing 55 ILCS 5/5-12020(g).
12 Id. at ¶ 3.
13 Id. at ¶ 3–5.
14 Id.
15 Id. at ¶ 4.

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considerations outside the statutory criteria.16 The Circuit Court granted the mandamus request, ordering
the county to issue permits, and Grundy County appealed the decision.17
On appeal, the Third District Appellate Court analyzed whether Grundy County had discretionary
authority to deny the permits.18 The court stated, “generally, if a governmental body has no discretion and
is obligated to simply issue a permit, then mandamus would likely be the appropriate procedural vehicle
because a writ of mandamus entails a clear legal right to relief requested.”19 However, “where performance
of an official duty or act involves the exercise of discretion, mandamus is not an appropriate remedy.”20
The court affirmed the circuit court’s decision, holding that Grundy County had a clear,
nondiscretionary statutory duty to approve the plaintiffs’ application for special use permits, making the
mandamus action appropriate.21 Although the court explicitly held the County had a “clear,
nondiscretionary” duty, the opinion contradicted this ruling by stating the [amendments to Section 512020] don’t eliminate all local discretion, specifically stating “discretion is minimized on the front end
and eliminated on the back end” of the permitting process.22 The court ruled that once an application
satisfies all statutory and ordinance requirements, the county’s role becomes purely ministerial under the
statutory directive that permits “shall be approved” if compliant.23
Tate Road Solar v. County of Winnebago24
In this case, the plaintiffs, Tate Road Solar 1, LLC, Myers Family Farms LP, and North Springfield
Solar, LLC, submitted applications to Winnebago County for siting approval to develop CSEFs.
Winnebago denied these applications, leading the plaintiffs to file suits seeking relief through mandamus
or declaratory judgements, aiming to compel Winnebago to approve the applications and issue the
necessary permits.25 The county filed a motion to dismiss these suits, which the trial court granted, leading
the plaintiffs to appeal.26
The core issue on appeal was the same as the issue in Grundy, i.e. whether mandamus was an
appropriate remedy for the plaintiffs’ grievances.27 To answer that question, the Fourth District Appellate
Court examined the amended Section 5-12020 of the Counties Code, which governs the siting of
commercial solar energy facilities.28 The plaintiffs argued that Winnebago had no discretion and was
required to approve their applications if they complied with the statutory requirements.29 However, the

16 Id. at ¶ 8–9.
17 Id. at ¶ 9.
18 Id. at ¶ 18.
19 Id.
20 Id.
21 Id. at ¶ 22.
22 Id. at ¶ 23.
23 Id. at ¶ 35.
24 Tate Road Solar 1, LLC v. County of Winnebago, 2026 IL App (4th) 250873
25 Id. at ¶ 38.
26 Id. at ¶ 1.
27 Id. at ¶ 2.
28 Id. at ¶ 31.
29 Id. at ¶ 2.

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Court held that Section 5-12020 allows counties to codify and consider factors not expressly enumerated
in the section, granting them some discretion in approving or denying the applications.30 Specifically, the
court found that Section 5-12020(b) grants counties discretionary authority to establish standards, which
may include subjective factors like those in the Winnebago County’s zoning ordinance special-use factors
in Section 90-4.3.4(4)(a)-(f).31
Upon review, the appellate court agreed with the trial court, reasoning that the General Assembly
chose to use two different words in Section 5-12020(b) for how counties can regulate CSEFs “standards”
and “requirements.”32 The court stated, “counties may establish standards, and those standards may or
may not include the requirements specified by statute.”33 Thus, counties have some discretion in
establishing standards, and the statute’s specified requirements are only “part of those standards.”34
Put simply, the court found that Section 5-12020 allowed the County to use its own judgement
when deciding whether to grant or deny siting approval or special use permits for commercial solar energy
facilities. The factors allow the County to exercise discretion when reviewing applications, as the statute’s
language does not prohibit the inclusion of subjective criteria. 35 Thus, the District affirmed the trial court’s
dismissal of the plaintiffs’ complaints, ruling mandamus was not an appropriate remedy because the
County had discretion on the matter.36
FUTURE IMPLICATIONS
Equity Solar Illinois v. Grundy County was referenced in the Winnebago decision, as the
Winnebago court disagreed with the Grundy court’s conclusion. The fundamental difference between the
decisions is that Winnebago found the reasoning in Grundy to be inconsistent with Illinois’s mandamus
precedent. The court noted that Grundy held that Section 5-12020 afforded counties “some” discretion in
regulating CSEFs and reviewing applications for sitting approval or special use, yet it found the
extraordinary remedy of mandamus appropriate without identifying it as an extraordinary remedy. The
Winnebago court emphasized that mandamus is indeed an extraordinary remedy available only when the
mandated act is purely ministerial and involves no discretion whatsoever. The Winnebago court found it
contradictory for the court in Grundy to acknowledge discretion in the statute while simultaneously
30 Id. at ¶ 2.
31 Id. at ¶ 33. The factors included in the Winnebago code were: a. The establishment, maintenance or operation of the special

use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare; b. The special use will
not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor
substantially diminish and impair property values within the neighborhood; c. The establishment of the special use will not
impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district; d.
Adequate utilities, access roads, drainage and/or necessary facilities have been, are being or will be provided; e. Adequate
measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public
streets; and f. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is
located.
32 Id. at ¶ 40.
33 Id.
34 Id.
35 Id. at ¶ 8.
36 Id. at ¶ 65.

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concluding that discretion is minimized and eliminated, which is inconsistent with the nature of mandamus
that requires there be no discretion. The Winnebago court also noted that the Grundy court did not cite
any case law supporting its decision.
With the issuance of the Winnebago opinion, there is now a split amongst districts of the Illinois
Appellate Courts. This is often a basis for the Illinois Supreme Court to grant review and take the case.
APPELLATE REVIEW OF CONFLICTING DISTRICT OPINIONS
Although the Illinois Appellate Court has five districts, they function as one appellate court. This
means a decision from any of the Appellate Court Districts is binding on all trial courts in Illinois.
However, if there is a split between districts, trial courts follow the rule set forth in Aleckson v. Vill. of
Round Lake Park that a circuit court is bound by the decisions of the appellate court of the district in
which the circuit court sits.37 For example, a circuit court located within the Third District will follow the
Third District Appellate Court’s ruling, and a circuit court located within the Fourth District will follow
the Fourth District’s ruling. If the trial court’s district has not ruled on the issue, then the district may
choose among the conflicting decisions from other districts.38
While trial courts must follow their local appellate district precedent, the appellate districts
themselves are not bound by another district’s opinion. This rule was established in a 1973 First District
opinion where the Illinois Appellate Court explicitly held that “The Appellate Court [, First District, is not
bound to follow decisions] by federal courts other than the United States Supreme Court, by courts of any
state other than Illinois, or by the Appellate Courts of other districts in the state of Illinois.”39
The First District reinforced this principle in 2009 holding that it is not bound to follow opinions
of the Second or Third District and instead must adhere to the opinions of the higher court.40 This reaffirms
that appellate courts are not bound by other appellate districts. However, when the supreme court rules,
the high court’s decision will be binding on all lower courts throughout the state of Illinois.
The practical consequence of this is that the same legal question can bring about different results
at the trial court level depending solely on the geographic district in which the case is filed. This will
remain the correct procedure until the Supreme Court issues a ruling or the General Assembly amends the
statute to address the conflicting rulings.
Given the split in the districts of the Appellate Court, the issue may be resolved by the Illinois
Supreme Court. Supreme Court Rule 315(a) expressly provides that “the existence of a conflict between
the decision sought to be reviewed and a decision of the Supreme Court, or of another division of the
Appellate Court”41 is one of several reasons that the Supreme Court may exercise its discretion to hear a
case. In other words, a conflict between Appellate Court Districts is one of the principal reasons the Illinois
Supreme Court may grant review to resolve the disagreement.

37 Aleckson v. Vill. of Round Lake Park, 176 Ill. 2d 82 (1997).
38 State Farm Fire & Cas. Co v. Yapejian, 152 Ill. 2d 533 (1992).
39 Corbett v. Devon Bank, 12 Ill. App. 3d 559, 567 (1st Dist. 1973).
40 Pajic v. Old Republic Ins. Co., 394 Ill. App. 3d 1040 (2009).
41 IL S. Ct. R. 315.

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CONCLUSION
Therefore, until the issue giving rise to the conflicting opinions is addressed by the Illinois
Supreme Court or the General Assembly, counties located in the Third District42 must comply with the
ruling in the Equity Solar Illinois v. County of Grundy case, and counties located in the Fourth District43
must comply with the ruling in the Tate Road Solar v. County of Winnebago case. All other counties
located in the First, Second, or Fifth Districts may be subject to the holding of either case or a different
holding once a case on the same issue(s) reaches the appellate level in that respective appellate court
district.

42 Seven (7) Counties:

Bureau, DuPage, Grundy, Iroquois, Kankakee, LaSalle, and Will Counties.

43 Forty-One (41) Counties: Adams, Boone, Brown, Calhoun, Carroll, Cass, Ford, Fulton, Greene, Hancock, Henderson,

Henry, Jersey, Jo Daviess, Knox, Lee, Livingston, Logan, Macoupin, Marshall, Mason, McDonough, McLean, Menard,
Mercer, Morgan, Ogle, Peoria, Pike, Putnam, Rock Island, Sangamon, Schuyler, Scott, Stark, Stephenson, Tazewell, Warren,
Whiteside, Winnebago, and Woodford Counties.

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Page 26 of 26